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VIKAS BUDHWAR
Jeet Lal Saroj – Appellant
Versus
State Of Uttar Pradesh – Respondent
JUDGMENT :
(Vikas Budhwar, J.)
1. Heard Sri R.K. Ojha, learned Senior Counsel assisted by Sri Shivendu Ojha, learned counsel for the writ petitioner, Sri Pradeep Kumar Shahi, learned Additional Chief Standing Counsel who appears for respondents No. 1 and 2, Sri R.C. Dwivedi, learned counsel who appears for respondent No. 3 and Sri Prabhakar Awasthi, learned counsel who has put in appearance on behalf of respondent No. 4.
2. Since affidavits have been exchanged between the parties and the learned counsel for the parties do not propose to file any further affidavits, thus, with the consent of the parties, the writ petition is being decided at the fresh stage.
3. The facts of this case shorn off unnecessary details as worded in the writ petition are that the third respondent, Sarswati Shiksha Sadan Intermediate College Marrron, Handia, District Prayagraj (in short respondent institution) is a recognized and aided institution under the provisions of Uttar Pradesh Intermediate Education Act, 1921, the provisions of Uttar Pradesh (Services Selection Board) Act, 1982 as well as Uttar Pradesh High School and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971
The benefit of pay-scale and designation granted to the appellant remained personal and did not amount to his substantive appointment as a Lecturer.
The court established that changes in qualification requirements for promotion are valid and can affect an employee's eligibility for upgradation.
Lecturers appointed before January 1, 1996 are entitled to selection grade benefits without needing a Master’s degree, ensuring equal treatment in service matters.
Uncommunicated adverse entries in service records cannot invalidate a teacher's promotion rights; statutory procedures must be strictly followed in educational governance.
power of the Government to make laws determining the service conditions of its employees or amend such laws cannot confer them the power to apply such laws differently to similarly situated persons.
The court held that the Odisha Education Service (Recruitment) Rules, 1990 govern the Petitioners' eligibility for higher scales, rather than the later rules, as they had become eligible for placemen....
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